Two Marion County, WV residents charged with cocaine, prescription drug trafficking

CLARKSBURG, WEST VIRGINIA – A federal grand jury returned indictments today charging Bertha Horton, 55, and Bennie Kyle, 60, both of Fairmont, West Virginia, with cocaine and prescription drug trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Horton, also known as “Peaches,” allegedly sold cocaine on multiple occasions in May 2014 near East Fairmont Junior High School in Marion County, West Virginia. She is charged with three counts of “Distribution of Cocaine Base within 1,000 feet of a Protected Location.” She faces between one and forty years in prison and a fine of up to $2,000,000 on each of the three counts.

Kyle allegedly sold cocaine and lisdexamphetamine, a medication commonly used to treat attention deficit hyperactivity disorder, on multiple occasions throughout June and July 2015 in Marion County. Specifically, he is alleged to have sold these drugs on multiple occasions near Fairmont State University and Fifth Street Park. He is charged with two counts of “Distribution of Cocaine Base within 1,000 feet of a Protected Location,” one count of “Distribution of Lisdexamphetamine within 1000’ of a Protected Location,” and one count of “Distribution of Lisdexamphetamine.” He faces up to 20 years in prison and a fine of up to $1,000,000 on the distribution charge and between one and forty years in prison and a fine of up to $2,000,000 on each of the three protected location charges.

Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Zelda Wesley is prosecuting the cases on behalf of the government. The Three Rivers Drug Task Force is leading the investigations.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.